Article 8 ECHR


Article 8 ECHR

Article 8 of the European Convention on Human Rights provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society".

cquote|Article 8 – Right to respect for private and family life1

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

History

*"Semayne's case"
*"Entick v. Carrington"

Case law

This article clearly provides a right to be free of unlawful searches, but the Court has given the protection for "private and family life" that this article provides a broad interpretation, taking for instance that prohibition of private consensual homosexual acts violates this article. This may be compared to the jurisprudence of the United States Supreme Court, which has also adopted a somewhat broad interpretation of the right to privacy. Furthermore, Article 8 sometimes comprises positive obligations: whereas classical human rights are formulated as prohibiting a State from interfering with rights, and thus "not" to do something (e.g. not to separate a family under family life protection), the effective enjoyment of such rights may also include an obligation for the State to become active, and to "do" something (e.g. to enforce access for a divorced father to his child).

*"Golder v. United Kingdom" (1975) 1 EHRR 524, prisoner requested a lawyer because he said he wanted to sue a guard for defamation. Access was denied. This violated the right to a fair trial (Article 6 ECHR) and client confidentiality.
*"Silver v. United Kingdom" (1981) 3 EHRR 475

*"Mosley v. News Group Newspapers Ltd" [2008] [http://image.guardian.co.uk/sys-files/Media/documents/2008/07/24/mosley_v_news_group.pdf EWHC 1777 (QB)] , per Eady J, whereby equitable breach of confidence is extended to protect Art. 8 rights.

ee also

*European Convention on Human Rights
*Article 10 ECHR


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